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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I hope if you will be able to guide or advice me in the

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Hello i hope if you will be able to guide or advice me in the right direction. I've received a county court response claim form asking me to pay some money for a mobile phone i did not receive.
In 2012, i wrote a letter to O2 explaining that they'd made a mistake of sending out two mobile phones instead of one:
Ref: Two Mobile Phone Contracts/1015634839I am writing with regard to the above complaint. Further to my telephone conversations with your staff/management to cancel the above mobile phone contract which was issued in error by your agent Tesco mobile.
I request you to send me copies of my numerous telephone conversations pleading you to cancel two mobile phone contracts which were issued under my name instead of one. I submitted my complaint by telephone as soon as I had found out the above mistake which was not my fault, within 7 days of purchasing my current mobile phone contract (Ref;1015634854). But to my frustration, your attempts to resolve the problem have not been satisfactory. You claim that there is nothing more you can do to help me by referring me to Wescot Credit Services Ltd, who are now harassing me with threatening letters and telephone calls demanding me to pay for the contract I never asked for.
Overall, I am very disheartened within your company by the unfair treatment that I have received inspite of being a loyal and honest customer. Infact, I have ended up being a victim of harassment and injustice instead.
It appears that we have reached a position of deadlock and that, therefore, I am left with no alternative but to take my complaint to the communications Ombudsman/Cisas.
I would afford you one final opportunity to reconsider your position and confirm to me within the next 14 days that you will cancel the above mobile phone contract under my name, or alternatively send me a letter of deadlock. If I do not hear from you within this timeframe, I will refer this dispute to the communications Ombudsman/Cisas with no further reference to you.However, i still haven't had a reply to this date. Instead they referred me to a lot of debt solicitors over the years. Now they want to take me to court so i am really worried and don't know what to do. Over the years i haven't been able to fight them because i was looking after my terminally ill mother who has now passed away.
Submitted: 2 months ago.
Category: Law
Expert:  Joshua replied 2 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

I am very sorry to read of the above and in particular that it has been going on for so long. May I clarify a few points with you:

  1. Did they actually send you two mobile phones rather than one?
  2. If so I assume you only order one - do you have the order confirmation still to show this?
  3. What happended to the second mobile phone?
  4. Have any defaults or other negative entries been made against your credit file?
Customer: replied 2 months ago.
They are claiming that they sent two mobile phones. At the time I was living in house share. So who ever opened the door must have offered to sign for the mobile phone which was left outside of my door
. I think I still have the receipt of contract for this mobile phone that I'd ordered.
Customer: replied 2 months ago.
Don't know what happened to the other mobile phone which they are still claiming for.
Expert:  Joshua replied 2 months ago.

Thank you. So you only received one? Do you accept that a second one was delivered and signed for by someone in your house or do you dispute this? Were they delivered together or separately?

Customer: replied 2 months ago.
I'm not sure if a second one was delivered. But I've only received one.
Expert:  Joshua replied 2 months ago.
  1. Thanks. Finally you mention you may still have the order confirmation. Have you ever checked it to confirm whether you did order 1 as you believe or may have ordered 2 by mistake?
  2. Have you ever asked for evidence that two mobile phones were delivered as opposed to just the one you received? Presumably they must have been sent in separate packages or you would have noticed if the package you received had already been opened and one removed?
Customer: replied 2 months ago.
At the time of order from tesco.com, I ordered it online but didn't receive an email confirming the order and delivery date. So I remember calling them to find out when will they deliver. They told me that there was no order placed under my name. So ordered it again reassuring me that there will be no two orders placed by mistake.
I received one mobile phone as requested which was left outside my door when I came back from work. But I presume that they also sent another after that which I still haven't received or signed for. I had called tesco and o2, regarding this matter but they kept bouncing me blaming each other. So I wrote to them
Expert:  Joshua replied 2 months ago.

Thank you. OK so from what you say you did not order two mobile phones only one but owing to a mistake by Tesco it appears that a second mobile may have been ordered but this was not at your request. In terms of how you may wish to proceed you will no doubt wish to enter a defence and accordingly indicate on the response pack that you intend to defend the claim. Depending on when you made your complaint you may still wish to refer the matter to Cisas and if this is somthing you wish to consider you will have the opportunity later to ask the court for an adjournment whilst you attempt alternative dispute resolution through Cisas. You may need to contact Cisas to see if you require a new deadlock letter of if they are happy to proceed on the one you have depending upon the date of that letter if this is something you wish to consider.

Notwithstanding this, in terms of your defence, you will from what you say above wish to deny that you ordered a second mobile phone and make it clear that yo only ever ordered one mobile and put the claimant to strict proof on the matter. Second you will presumably wish to deny you ever received a second mobile and againput the claimant to strict proof on the matter. You may also consider going on to say that notwithstanding the above as you did not order a second mobile phone any second phone they did send to you was unsolicited on your part and though you deny receiving a second phone, any such phone would amount to an unsolicited product which is a breach of the Unsolicited Goods and Services Act 1971 and demands for payment for unsolicited goods is a criminal offence (this has now been replaced in 2013 by new legislation but in 2012 the old Act still applied)

If you need any assistane in drafting a defence I would be pleaed to asist though you will obviously need to keep an eye on costs as you are not able to recover much in the way of legal costs in the small claims court.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 2 months ago.
Thank-you very much for guiding me asap. I appreciate your advice.
Expert:  Joshua replied 2 months ago.

A pleasure. If I can be of any further assistance please do not hesitate to come back to me. If you have no further questions for now I should be very grateful if you would kindly take a moment to click a rating to rate my service to you today. I am very grateful to receive any feedback.

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